On Thursday, March 7, 2024, MSNBC reported that Fulton County District Attorney Fani Willis had urged Judge Scott McAfee to use a strict legal standard for disqualifying her from the case involving Donald Trump’s alleged election interference in Georgia.

According to the report, Willis recently filed a supplemental brief ahead of Judge McAfee’s upcoming decision on whether to remove her from the case. In the brief, Willis argued that Georgia case law requires an actual conflict of interest, not just the appearance of one, in order to disqualify an elected district attorney. She noted that no prosecutor in the state has previously been disqualified solely based on a perceived conflict.

The report explained that Judge McAfee’s questioning during a recent hearing suggested he did not find the legal standard completely clear-cut. However, if McAfee determines that an actual proven conflict is necessary, it would make his decision easier in Willis’ favor. Applying a lower standard of just the appearance of a conflict would give the judge more flexibility to side with Trump’s defense team.

According to MSNBC, Willis’ office likely filed the supplemental brief to strengthen their argument after struggling to answer some of Judge McAfee’s inquiries during the previous hearing. The report added that in addition to deciding on the appropriate legal standard, McAfee must also assess the credibility of witness testimony, including that of Willis herself regarding the timing of her office’s romantic relationship with special prosecutor Nathan Wade.

In closing, the MSNBC article noted that Judge McAfee faces a difficult task weighing both the applicable legal issues and factual matters in the case and that the question of which standard he will use remains unsettled as both sides continue briefing the issue.

 

 

Source: MSNBC